Case Note & Summary
The matter pertains to three connected criminal appeals filed under Section 374(2) of the Code of Criminal Procedure, 1973 before the High Court of Karnataka at Bengaluru. The appeals challenge the judgments of conviction and orders of sentence passed by the Fast Track Court, Mangalore, in Sessions Case Nos. 63/2008 and 51/2010. The four appellants were originally accused in Crime No. 38/2008 registered at Kavoor Police Station, Mangalore. Accused Nos. 2 and 3 (Mohammed Shabeer and Mayaddi) in Crl.A. No. 880/2010 were convicted for offences under Sections 489-B, 489-C read with Section 34 of the Indian Penal Code, 1860 and Section 120-B read with Sections 489-B and 489-C IPC, and sentenced to rigorous imprisonment for up to ten years with fine. Accused No. 4 (Mohammed Asif) in Crl.A. No. 869/2010 was convicted only under Section 120-B read with Section 489-C IPC, and acquitted of the other charges. Accused No. 1 (Santhosh K @ Santhosh Shetty) in Crl.A. No. 872/2011, who had absconded and was tried separately, was convicted under Sections 489-B and 120-B read with Section 34 IPC and sentenced to ten years rigorous imprisonment. All sentences were ordered to run concurrently. The prosecution case, as outlined in the judgment, originates from credible information received by the Senior Intelligence Officer of the Directorate of Revenue Intelligence (DRI), Mangalore, on 18.03.2008 regarding smuggling activities involving trafficking of counterfeit Indian currency notes through XPS Courier Parcel Service Office, Mangalore. A DRI team, along with panch witnesses, went to the courier office. At about 4:30 p.m., Accused Nos. 2 and 3 arrived and inquired about a parcel from UAE, Dubai. The second accused identified himself as Hasanabba, in whose name the parcel had been sent. The courier staff delivered the parcel after verifying identity. When the accused were about to leave, DRI officers questioned them about the contents. The accused claimed ignorance. The parcel was opened in the presence of panch witnesses. It contained cosmetics, sweets, clothes, shoes, chocolates, and a tea powder box. Inside the tea powder box, hidden under tea powder, wrapped in black cloth and carbon paper, were counterfeit Indian currency notes comprising 30 notes of Rs. 1000 denomination and 340 notes of Rs. 500 denomination, totaling Rs. 2,00,000. The DRI officers seized the counterfeit notes and other articles, prepared a mahazar, interrogated the accused, and recorded their statements under Section 108 of the Customs Act, 1962. The case was registered as O.R. No. 3/2008. Accused Nos. 2 and 3 were arrested and produced before the CJM Court, Mangalore. The seized notes were sent to RBI for verification, which confirmed them as counterfeit. Further investigation led to the apprehension of Accused No. 4, who also had a similar parcel from Dubai. The fourth accused was allegedly in constant communication... The judgment excerpt does not include the final decision or reasoning of the High Court. The available text ends before the court’s analysis and order. Consequently, the outcome of the appeals, the specific legal issues considered, the arguments advanced by both sides, the ratio decidendi, and the final operative directions are not known from the provided extract.
Issue of Consideration
KAHC010653822010_1
